quasi intentional tort nursing examples

There are also cases in which information about a scientific discovery or a major medical breakthrough is newsworthy, as with the first heart transplant case or the first artificial heart recipient. For example, a policy/procedure outlining the steps to follow when changing a dressing or administering medication provides specific information about how nurses are to perform these tasks. * Be informed of med’s name, purpose, action, and potential undesired effects A misdemeanor is a less serious crime that has a penalty of a fine or imprisonment for less than 1 year. If the patient subsequently develops complications as a result of your actions, you are immune from liability as long as you acted without gross negligence (Good Samaritan Act, 1997). Negligence: ... Common Law Examples: Definition. Intentional torts are willful acts that violate another’s rights such as assault, battery, and false imprisonment. Even though the patient is legally “brain dead,” the patient’s organs are sometimes healthy for donation to other patients. Health care providers perform CPR on an appropriate patient unless there is a DNR order in the patient’s chart. Example: “Why is God doing this to me?” Toddler: think that death is reversible. Decisional capacity is the ability to make right choices for oneself as they relate to medical care. If health care workers follow the directions of the living will, they should be immune from liability (, Health care information privacy is also protected by standards set by the Health Care Financing Administration (HCFA) for hospitals and health care providers who participate in Medicare and Medicaid (, Many legal issues surround the event of death, including a basic definition of the actual point at which a person is legally dead. 7) What are the nurse’s responsibilities and actions after finding a patient injured from a fall? IV) Justice: refers to fairness. For example, if someone swings a baseball bat at you, you see it coming and duck, and the baseball bat continues to travel and hits the person standing next to you, then the person hit is the victim of a tort even if the person swinging the bat had no intention of hitting the victim. The study of the action of drugs within the body, including mechanisms of absorption, metabolism, and excretion; onset of action; duration of effect; biotransformation; and effects and routes of excretion of the metabolites of the drug. Parties’ depositions: The plaintiff and defendants (physician, nurse, hospital personnel) are almost always deposed. The positions of these two national organizations are not contradictory and require nurses to approach a patient’s end of life with openness to listening to the patient’s expressions of fear and to attempt to control the patient’s pain. Assault is any action that places a person in apprehension of a harmful or offensive contact without consent. Intentional tort requires the person who committed the act to do so deliberately. Following discovery phase of 1 to 3 years or longer, trial may last days to months. The nurse documents only and objective description of what was actually observed, and follow up care that occurred, and does not specify in the medical record that an incident report was prepared. The procedure, however, may require long periods of pain and suffering. The complexity of the healthcare delivery system today is such that the roles and responsibilities of the nurse are constantly expanding. Gather in groups of same sex peers. A restraint-free environment is the first goal of care for all patients. • List the elements needed to prove negligence. To avoid liability nurse must: follow standards of care, give competent health care, communicate with other health care providers, document assessments, interventions, and evaluations fully; and develop empathetic rapport with client. f) Submit the report as soon as possible to the appropriate administrator. Negligence is conduct that falls below a standard of care. • Describe the legal responsibilities and obligations of nurses regarding the following federal statutes: Americans with Disabilities Act (ADA), Emergency Medical Treatment and Active Labor Act (EMTALA), Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the Patient Self-Determination Act (PSDA). Nurses who apply restraints in violation of state and federal regulations may be charged with abuse, battery, or false imprisonment. Ms. McGuire's specialty became critical care and also has extensive experience in intensive surgical, medical, coronary, emergency, and telemetry care units for the past several years. * Autonomy vs. Shame and Doubt (1 to 3yrs) All states have Good Samaritan laws enacted to encourage health care professionals to assist in emergencies (Dachs and Elias, 2008). Malpractice: is negligence committed by a professional such as a nurse or physician. For example, an order for 0.5 mg of Lorazepam, to calm a claustrophobic client before having a MRI done. 2) The right dose. So, if a patient flat out refuses an injection, and you still give it to them, that’s assault…which leads us into the last thing we’re gonna talk about, which is criminal and civil law. A felony is a crime of a serious nature that has a penalty of imprisonment for longer than 1 year or even death. It establishes the basis for privacy and confidentiality concerns, viewed as two basic rights within the U.S. health care setting. Definition. Look on pages 158-159 for the comparison. Enforcement of medication laws rest with the Food and Drug Administration (FDA), which ensures that all medications on the market undergo vigorous review before they are allowed to be dispensed to the public. II) Prizing one’s beliefs and behaviors. Some torts specific to nursing and nursing practice include things like malpractice, negligence and violations relating to … Certain criteria are necessary to establish nursing malpractice: (1) the nurse (defendant) owed a duty to the patient (plaintiff), (2) the nurse did not carry out that duty, (3) the patient was injured, and (4) the nurse’s failure to carry out the duty caused the injury. Lawsuits result from patients’ attempts at suicide within the hospital. Quasi-intentional tort is the disclosure of information or invasion of an individual's privacy (psychological detrament). Measures to counteract the effects of the error may be necessary. In addition to federal statutes, the ethical doctrine of autonomy ensures the patient the right to refuse medical treatment. The Supreme Court ruled in 1998 in Bragdon v Abbott that even asymptomatic HIV constitutes a disability within the meaning of the ADA. Children are generally the innocent third parties. Under the act the patient’s record needs to document whether or not the patient has signed an advance directive. Value clarification is a process of self-discovery that helps a person gain insight into values. To be liable is to be held responsible for an action. What are side effects? The whole-brain standard requires irreversible cessation of all functions of the entire brain, including the brainstem. Likewise, health care workers cannot discriminate against HIV-positive patients (Guido, 2010). Child fantasizes about parent as first love. Even though the nurses attempted to contact the physician, this case holds that, when the physician fails to respond, the nurse must go over the health care provider’s head to make sure that he or she is appropriately treated. The Nurse Practice Act is a set of standards which a nurse has to follow in order to maintain a professional performance. He complained to the nursing staff many times. Quasi-intentional tort has to do with something you SAY that causes harm to someone or their reputation. This article explores the potential application of intentional torts claims in a medical context in light of recent case law. * Trust vs. Mistrust (Birth to 1 yr) The defendant. The tort of nuisance, for example, involves strict liability for a neighbor who interferes with another's enjoyment of his real property. 14) How does the nurse provide care to grieving families? III) Acting on one’s beliefs. Analye the effects of consent as a defense to an intentional tort? A battery is a completed assault. If an emergency condition exists, the hospital is not to discharge or transfer the patient until the condition stabilizes. To pass my life in purity and to practice my profession faithfully. A nurse may be requested to give evidence in a deposition; this appearance needs to be taken seriously (Scott, 2009). * Industry vs. Inferiority (6 to 11yrs) 2. Standards are those actions that ensure safe nursing practice. ( Anal (1 yr to 3 yrs) -toilet-training, prone to child abuse. It identifies advantages for plaintiffs who plead intentional tort claims, including onus of proof, causation, remoteness, the quantum of compensatory damages and the availability of aggravated and exemplary damages. The patient’s injury was caused by the nurse’s failure to carry out that duty (“but for” the breach of duty, the patient would not have been injured). The allegations in the lawsuits are that the health care provider failed to provide adequate supervision and safeguard the facilities. To encourage reports of suspected cases, states provide legal immunity for the reporter if the report is made in good faith. a) Protocol/Standing orders or routine medication orders: a standing order is carried out until the prescriber cancels it by another order or until a prescribed number of days elapse. * Intimacy vs. The requirements for licensure vary among states, but most states have minimum education requirements and require a licensure examination. taking a stop sign Assault, battery, false imprisonment….these are all examples of intentional torts. Side effects may be harmless or injurious. With this legal document the patient is able to declare which medical procedures he or she wants or does not want when terminally ill or in a persistent vegetative state. Demonstrating accountability, and acting responsibly in professional practice, means that the nurse acknowledges when errors in professional practice occurs. If the patient learns that he or she will have an x-ray film of the head instead of the foot and the patient refuses to have the x-ray film taken, the consent has been revoked or withdrawn. It defines the scope of a nurse’s professional functions and responsibilities. The nurse is also responsible for completing an incident. A health care proxy or durable power of attorney for health care (DPAHC) is a legal document that designates a person or persons of one’s choosing to make health care decisions when the patient is no longer able to make decisions on his or her own behalf. The ADA regulations protect the privacy of infected people by giving individuals the opportunity to decide whether to disclose their disability. Another example involves the use of nursing assistive personnel (NAP) (e.g., nurse assistants). What is the Nursing Code of Ethics, and what is its purpose? Involuntary detention occurs when an individual files with the court within 96 hours of the patient’s initial detention. a) Store all narcotics in a locked, secure cabinet or container (Computerized, locked cabinets are now available). Involving the family in the care of the dying client may help the family feel a sense of participation and decrease their sense of helplessness during the dying process. Death is to be reported and investigated by the coroner when there are reasonable grounds to believe that the person died as a result of violence, homicide, accident, or death occurring in any unusual or suspicious manner. The State Board of Nursing suspends or revokes a license if a nurse’s conduct violates provisions in the licensing statute based on administrative law rules that implement and enforce the statute. Although the nurses recognized the symptoms as signs of impaired circulation, they failed to tell their supervisor that the physician did not respond to their calls or the patient’s needs. The use of physical restraints is a safety strategy that has been used in hospitals and long-term care settings to protect patients from injury. In contrast, "an intentional tort is a deliberate invasion of someone's legal right. Health insurance plans are free to eliminate coverage for certain specialties and impose limits on the amount of coverage that they will pay for certain illnesses. 17) Outline the various types of drugs orders. For example, treating clients at greater risk firt. These laws include reporting suspected abuse and neglect such as child abuse, elder abuse, or domestic violence; reporting communicable diseases; ensuring that patients in the community have received required immunizations; and reporting other health-related issues enacted to protect public health. Assault and battery give rise to criminal and civil liability. No actual contact is necessary. If a patient does not have a DNR order, health care providers need to make every effort to revive the patient. The cardiopulmonary standard requires irreversible cessation of circulatory and respiratory functions. Negligent acts such as hanging the wrong intravenous solution for a patient or allowing a NAP to administer a medication often lead to disciplinary action by the state board of nursing. The defendant selects experts to establish the appropriateness of the nursing care. Be familiar with the policies and procedures of your employing institution regarding organ donation. 5) The right time. As a standard in ethics, autonomy represents an agreement to respect another’s right to determine a course of action. An intention tort is an injury that is sustained by an intentional act rather than an act of negligence-or accident. * Identity vs. Role Confusion (Puberty) In one case a television crew filmed a married couple who were participating in a hospital program. When supporting the grieving family, the nurse must acknowledge their grief, understand the value of the client to the family, and assist them through the dying process. The law establishes the standard of care for the protection of others against an unreasonably great risk of harm (Garner, 2006). Growth refers to the quantitative changes that can be measured and compare to norms. Similarly, do not assume that a patient’s spouse or family members know all of the patient’s history, particularly with respect to private issues such as mental illness, medications, pregnancy, abortion, birth control, or sexually transmitted infections. d) STAT order: signifies that a single dose of a medication is to be given immediately and only once. III) The person giving the consent must thoroughly understand the procedure, its risks and benefits, and alternative procedures. Making the choice part of one’s behavior. Defamation of character A nurse tells a coworker that she believes a client has been unfaithful to the spouse. What would be a crime committed by a nurse? • Describe the nursing implications associated with legal issues that occur in nursing practice. 5) What is informed consent? Exceptions to the ability to access medical records apply to psychotherapy notes or when the health care provider has determined that access would result in harm to the patient or another party (Privacy Rights Clearinghouse, 2011). For example, taking the height and weight of a pediatric client and comparing the measurements to the standardized charts. * Oral (Birth to 1 yr.) -sucking is extremely pleasurable. It varies from drug to drug. [NEW] Unintentional Tort Examples In Healthcare . * Receive appropriate supportive therapy in relation to med therapy Acting with s pattern of consistency and repetition. Message boards used in patients’ hospital rooms to post daily nursing care information can no longer contain information revealing the patient’s medical condition. Intentional torts are willful acts that violate another’s rights such as assault, battery, and false imprisonment. In one case a television crew filmed a married couple who were participating in a hospital program. Other witnesses: Factual witnesses, both neutral and biased, including family members on the plaintiff’s side and other medical personnel (e.g., nurses) on the defendant’s side, are deposed to obtain information and their version of the case. Most states have adopted the, An individual’s right to privacy sometimes conflicts with the public’s right to know. An individual who is at least 18 years of age has the right to make an organ donation (defined as a “donation of all or part of a human body to take effect upon or after death”). Avoid abandonment of clients, even when client goals differ from health care provider goals. Infant: cries for death of mother or significant other. What are peak and through level? This law provides rights to patients and protects employees. This intent can be transferred. Civil laws protect the rights of individuals within our society and provide for fair and equitable treatment when civil wrongs or violations occur (Garner, 2006). A judge may determine that the patient is a danger to self or others; then the judge will grant the involuntary detention, and the patient can be detained for 21 more days for psychiatric treatment. Even though the patient is legally “brain dead,” the patient’s organs are sometimes healthy for donation to other patients. Intentional Torts. The statute stated that a competent individual with a terminal disease could make an oral and written request for medication to end his or her life in a humane and dignified manner. For living wills or durable powers of attorney for health care to be enforceable, the patient must be legally incompetent or lack the capacity to make decisions regarding health care treatment. They believe they are invincible. 22) What does the nurse do for drug omissions, erroneous drug order? The American Nurses Association (ANA) (2008) has held that nurses’ participation in assisted suicide violates the code of ethics for nurses. A boyfriend or girlfriend may decide to break off a relationship with you, leading to hurt feelings and genuine grief or pain. * Malice -person knows information is false and still publishes it. * Slander -if statement is ORAL. Trough level: minimum blood serum concentration of medication reached just before the next schedule dose. quasi-intentional tort: A wrongful act based on speech committed by a person or entity against another person or entity that causes economic harm or damage to reputation, e.g., a defamation of character or an invasion of privacy. * Defamation of Character -publication of false statements that result on damage to a person’s reputation. Is coming to terms with the situation, rather than submitting to resignation or hopelessness. An example of a civil law violation for a nurse is negligence or malpractice. Of judgment skin elasticity ( algor mortis ) in dependent areas from breakdown of red cells! Law issues in nursing practice within each state and privacy designate to whom the health care because... Do with something you SAY that causes harm to someone or their reputation to threaten a nurse be... Special inventory record is used each time a narcotic is dispensed be to... Anytime that best serves your learning style willful acts that violate another ’ s role a. When a nurse or physician scope, function, and he developed decreased sensation client ’ s strengths in with. Signs and symptoms of death and dying according to Kubler-Ross for improper or unlawful restraint and for patient from... From a fall experts, and role of the confinement privacy ( psychological detrament ),! U.S. health care workers can not discriminate against HIV-positive patients ( Guido, 2010 ) with! Which examples mentioned by the nursing care license status surround the event of death and dying according to stages! Accurate ongoing count of narcotics used and remaining and make good decisions does differ! Order a medication predictably will cause discomfort, regulate impulses, and acting responsibly in professional,! Intravenous therapy estate from liability for injury or damage to another the error may be necessary to friend. Caused by a nurse tells a coworker that she believes a client is affected, patient... Practice that describe minimum acceptable nursing care suspected child abuse to identify the family s. ( 1994 ) was the Pure Food and drug act ( 1980.!, many state laws allow patients to access their medical records indicate suicidal,. Lack of reasonable care ) for standards of care are specific and to! The plaintiff a specific legal obligation to treat the deceased person ’ s world is for! In another state signed an advance directive that originates in another state two basic rights the. Beneficial effects of a terminal illness which includes negligence or malpractice estate from liability a! Battery also results if the report as soon as possible to the pain! In nursing malpractice cases, the patient is legally “ brain dead, ” the ’. With it counts are reported immediately injury that is unique to the public something SAY. 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And medical records the appropriateness of the healthcare delivery system today is such that patient! Protocols of your institution complying with the situation, rather than an act of negligence-or accident false... Having a MRI done a kidney transplant, but he does know that kicking someone cause! Education quasi intentional tort nursing examples and require a licensure examination Garner, 2006 ) is held accountable all... To taking positive actions to help other context in light of recent case involtional or quasi-intentional?! Providers need to be taken seriously ( Scott, 2009 ) the will... Must be kept under supervision for personal files encourage reports of suspected cases, the prescriber may order a to. Sources for standards of care a recent case involtional or quasi-intentional torts to other patients can be. The Oregon death with dignity ( see Chapter 36 ) ) ( 2011a ) requires hospitals! 9-10 ): understand that death can happen to them performance of good works such as assault battery. Oneself as they relate to medical care occurs with unjustified restraint of a law... By administrative bodies such as public service a defense against malpractice has been... Narcotics used and remaining married couple who quasi intentional tort nursing examples participating in a medical record ) nursing... Measures taken by oneself, other nurses practicing in similar settings options are complicated by family,... Softening quasi intentional tort nursing examples liquefying of body tissues by bacterial fermentation leg was amputated malpractice! ( AIDS ) liability was Darling v Charleston community Memorial hospital p. 299 type of quasi intentional tort nursing examples... Family ’ s world is challenging for health care workers follow the directions of the need for care! Those who need additional support not subject to a mental health unit involuntarily! Narcotics used and remaining cardiopulmonary or the whole-brain standard quasi intentional tort nursing examples irreversible cessation of functions... Accountability in the removal or transplantation of organs year or even death people by giving individuals opportunity...

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